Karnataka High Court
The Managing Director, vs Smt. Hemavva W/O Ganeshappa Lamani, on 1 March, 2012
Author: L.Narayana Swamy
Bench: L Narayana Swamy
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
i2
DATED THIS THE 1ST DAY OFR 2012
BEFORE A
THE HON'BLE MR. JUSTICE L NARAYANA SWAMY
MISCELLANEOUS FIRST APPEAL NO.22346 OF 2011 (MV)
C/W MISCELLANEOUS FIRST APPEAL NOS.22512/201 1,
22513/2011, 22514/2011, 22515/2011, 22516/2011,
22517/2011, 22518/2011, 22519/2011, 22520/2011,
22522/2011, 22523/2011, 22524/2011, 22347/2011,
22348/2011, 22350/2011, 22354/2011, 22356/2011,
22357/2011, 22359/2011, 22511/2011, 22521/2011 &
22365/2011
In MFA No.22346/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
-
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SMT. HEMAVVA
W/O GANESHAPPA LAMANI
AGE: 43 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR- 581115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
I
-2-
UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILED
MENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE JUDG
2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.351/
ER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND MEMB
OF 54,8OO/- WITH
RANEBENNUR AWARDING THE COMPENSATION
DATE OF PETITION
INTEREST AT THE RATE OF 6% P.A. FROM THE
TILL ITS REALISATION,
In MFA No.22512/2011
BETWEEN:
VIDYA D/O NINGAPPA NADUVINAMANI
AGE: 11 YEARS, OCC:STUDENT
MINOR, R/BY HER NATURAL
MOTHER SMT.SUDHA
W/O NINGAPPA NADUVINAMANI
AGE: 31 YEARS, OCC:HOUSEHOLD WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
APPELLANT
DIST. HAVERI
...
(BY SRI.B.S.SANGATTI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
RESPONDENT
HUBLI
...
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
SECTION
MISCELLANEOUS FIRST APPEAL IS FILED UNDER
AND AWARD
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT
THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.362/2008 ON
ER, ADDL . MACT,
THE CIVIL JUDGE (SR.DN.) AND MEMB
PETIT ION FOR
RANEBENNUR PARTLY ALLOWING THE CLAIM
AND SEEKING ENHANCEMENT OF
COMPENSATION
COMPENSATION.
I-
-3-
In MFA No.22513/2011
BETWEEN:
UVINAMANI
SUSHMA D/O RAMCHANDRAPPA NAD
AGE: 13 YEARS, OCC:STUDENT
MINOR, R/BY HER NATURAL
MOTHER SMT.SUNEETA
RAMACHANDRAPPA NADUVINAMANI
K
AGE: 31 YEARS, OCC:HOUSEHOLD WOR
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR ... APPELLANT
DIST. HAVERI
(BY SRI.B.S.SANGATh, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR ... RESPONDENT
HUBLI
OCATE)
(BY SRI.MADANMOHAN M.KHANNUR, ADV
****
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
JUDGMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE
2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.359/
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
SATION OF 20,000/- WITH
RANEBENNUR AWARDING THE COMPEN
M THE DATE OF PETITION
INTEREST AT THE RATE OF 6% P.A. FRO
TILL ITS REALIZATION..
In MFA No.22514/2011
BETWEEN:
POOJA D/O NINGAPPA NADUVINAMANI
AGE: 13 YEARS, OCC:STUDENT
MINOR, R/BY HER NATURAL
MOTHER SMT.SUDHA
W/O NINGAPPA NADUVINAMANI
K
AGE: 31 YEARS, OCC:HOUSEHOLD WOR
R/O ANASAPURA VILLAGE
-4-
TQ. RANEBENNUR ... APPELLANT
DIST. HAVERI
(BY SRI.B.S.SANGATfl, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR ... RESPONDENT
HUBLI
OCATE>
(BY SRI.MADANMOHAN M.KHANNUR, ADV
****
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
JUDGMENT AND AWARD
173(1> OF MV Act, 1988 AGAINST THE
367/2008 ON THE FILE OF
DATED 2,8.2010 PASSED IN MVC NO.
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
CLAIM PETITION FOR
RANEBENNUR PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22515/2011
BETWEEN:
NEELAVVA
W/O NAGAPPA NADUVINAMANI
AGE: 48 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
APPELLANT
DIST. HAVERI
...
(BY SRLB.S.SANGATrI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
... RESPONDENT
HUBLI
OCATE)
(BY SRI.MADANMOHAN M.KHANNUR, ADV
****
K
-5-
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
JUDGMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE
358/2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
CLAIM PETITION FOR
RANEBENNUR PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22516/2011
BETWEEN:
1. IRAPPA
S/0 KARIYAPPA YALLAPUR
AGE: 35 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI
2. KUBERAPPA
S/O KARIYAPPA YALLAPUR
AGE: 34 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI
3. BASAPPA
S/O KARIYAPPA YALLAPUR
AGE: 33 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI
4. PUTTAPPA
S/O KARIYAPPA YALLAPUR
AGE: 28 YEARS, 0CC: COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI
5. MAHALINGAPPA
S/0 KARIYAPPA YALLAPUR
AGE: 23 YEARS, 0CC: COOLIE
R/O ANASAPURA VILLAGE
-6-
TQ. RANEBENNUR APPELLANTS
...
DIST. HAVERI
(BY SRI.B.S.SANGATI'I, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR RESPONDENT
...
HUBLI
OCATE)
(BY SRI.MADANMOHAN M.KHANNUR, ADV
****
UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILED
GMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE JUD
2008 ON THE FILE OF
DATED 2.8.20 10 PASSED IN MVC NO.364/
BER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND MEM
CLAIM PETITION FOR
RANEBENNUR PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22517/2011
BETWEEN:
PARAMESHAPPA
S/O PUTAPPA LAMANI
AGE: 43 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR APPELLANT
...
DIST. HAVERI
(BY SRI.B.S.SANGATI'I, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
... RESPONDENT
HUBLI
OCATE)
(BY SRI.MADANMOHAN M.KHANNUR, ADV
K
-7-
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
JUDGME NT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE ON THE FILE OF
360/2008
DATED 2.8.20 10 PASSED IN MVC NO.
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
CLAIM PETITION FOR
RANEBENNUR PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22518/2011
BETWEEN:
GANESHAPPA RAMAPPA LAMANI
AGE: 48 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR APPELLANT
...
DIST. HAVERI
(BY SRI.B.S.SANGATfl, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
... RESPONDENT
HUBLI
OCATE)
(BY SRI.MADANMOHAN M.KHANNUR, ADV
****
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
GME NT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE JUD
2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.366/
BER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND MEM
CLAIM PETITION FOR
RANEBENNUR, PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22519/2011
BETWEEN:
SHANTAVVA W/O CHANDRAPPA SOORANAGI
AGE: 28 YEARS, OCC:COOLIE WORK
R/O YALLAPUR TARF,
-8-
HONNAVATI'I VILLAGE
TQ, RANEBENNUR ... APPELLANT
DIST. HAVERI
(BY SRI.B.S.SANGATh, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
... RESPONDENT
HUBLI
)
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE
****
UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILED
GMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE JUD
ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO.363/2008
BER , ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND MEM
CLAIM PETITION FOR
RANEBENNUR, PARTLY ALLOWING THE OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22520/2011
BETWEEN:
NAGAMMA
W/O HUCCHAPPA NADUVINAMANI
AGE: 58 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
APPELLANT
DIST. HAVERI
...
(BY SRI.B.S.SANGATrI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
.., RESPONDENT
HUBLI
)
(BY SRLMADANMOHAN M.KHANNUR, ADVOCATE
1
-9-
FILED UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS
THE JUDGMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST
NO.361/2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
THE CLAIM PETITION FOR
RANEBENNUR, PARTLY ALLOWING OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22522/2011
BETWEEN:
SMT, SOMAKKA
W/O SHEKHAPPA NADUVINAMANI
AGE: 28 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR ... APPELLANT
DIST. HAVERI
(BY SRI.B.S.SANGATI'I, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR ... RESPONDENT
HUBLI
ADVOCATE)
(BY SRI.MADANMOHAN M.KHANNUR,
****
D UNDER SECTION
MISCELLANEOUS FIRST APPEAL IS FILE
JUDGMENT AND AWARD
173(1) OF MV Act, 1988 AGAINST THE
.350/2008 ON THE FILE OF
DATED 2.8.2010 PASSED IN MVC NO
MEMBER, ADDL. MACT,
THE CIVIL JUDGE (SR.DN.) AND
THE CLAIM PETITION FOR
RANEBENNUR, PARTLY ALLOWING OF
AND SEEKING ENHANCEMENT
COMPENSATION
COMPENSATION.
In MFA No.22523/2011
BETWEEN:
LAXMI D/O DAKAPPA LAMANI
AGE: 22 YEARS, OCC:COOLIE WORK
- 10 -
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
APPELLANT
DIST. HAVERI ...
(BY SRI.B.S.SANGATPI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI ... RESPONDENT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
****
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
D
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWAR
OF
DATED 2.8.2010 PASSED IN MVC NO.354/2008 ON THE FILE
,
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT
CLAIM PETITION FOR
RANEBENNUR, PARTLY ALLOWING THE
AND SEEKING ENHANCEMENT OF
COMPENSATION
COMPENSATION.
In MFA No.22524/2011
BETWEEN:
SHEKHAPPA
S/O LACHAMAPPA @ LAXMAPPA LAMANI
AGE: 25 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI ... APPELLANT
(BY SRI.B.S.SANGATTI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI ... RESPONDENT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
t
x
- 11-
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.356/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.22347/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
-
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SRI. CHANDRAPPA
5/0 HANUMANTAPPA @ HANUMAPPA BENNUR
AGE: 23 YEARS, OCC:AGRICULTURE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR 581115
-
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.20 10 PASSED IN MVC NO.352/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 40,400/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
r
- 12 -
In MFA No.22348/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
--
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
KUMARI LAXMI
D/O DAKAPPA LAMANI
AGE: 22 YEARS, OCC:COOLIE WORK
& HOUSEHOLD WORK
R/O TQ. RANEBENNUR -581115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.354/2008 ON THE FILE OF
THE CIVIL JUDGE (SIDN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 5,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22350/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
--
REPRESENTED BY
CHIEF LAW OFFICER
- 13 -
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SRI. SHEKHAPPA
S/O LACHAMAPPA
AGE: 25 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR- 581115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.356/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 10,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22354/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
--
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI,MADANMOHAN M,KHANNUR, ADVOCATE)
AND:
SRI.PARAMESHAPPA
S/O PUTTAPPA LAMANI
I
- 14 -
AGE: 43 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR-- 581115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.360/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF '2O,OO0/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22356/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
-
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SMT.NAGAMMA
W/O HUCCHAPPA NADUVINAMANI
AGE: 58 YEARS, OCC:COOLIE WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR- 581115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
K
- 15 -
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.361/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF '15,OOO/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22357/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
-
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE>
AND:
KUMARI VIDYA
D/O NINGAPPA NADUVINAMANI
AGE: 11 YEARS, OCC:STUDENT
MINOR, R/BY HER NATURAL
MOTHER SMT.SUDHA
W/O NINGAPPA NADUVINAMANI
AGE: 31 YEARS, OCC:HOUSEHOLD WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR-581 115
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.20 10 PASSED IN MVC NO.362/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN,) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 3,000/- WITH
- 16 -
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22359/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
--
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SMT. SHANTAVVA
W/O CHANDRAPPA SOORANAGI
AGE: 28 YEARS, OCC:COOLIE WORK
R/O YALLAPUR TARF, HONNATI'I VILLAGE
TQ. RANEBENNUR 581 115
-
DIST. HAVERI ... RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8,2010 PASSED IN MVC NO.363/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 20,000/- WITH
INTEREST AT THE RATE OF 6% PA. FROM THE DATE OF PETITION
TILL ITS REALISATION.
In MFA No.22511/2011
BETWEEN:
SACHIN S/0 CHANDRAPPA
@ RAMACHANDRA SOORANAGI
AGE: 11 YEARS, 0CC: STUDENT
k
- 17 -
MINOR R/BY HER NATURAL FATHER
CHANDRAPPA @ RAMACHANDRA
S/O SIDDAPPA SOORANAGI
AGE: 33 YEARS, 0CC: COOLIE
R/O YALLANPUR TARF
HONNATT'I VILLAGE
TQ. RANEBENNUR
DIST. HAVERI ... APPELLANT
(BY SRI.B.S.SANGATrI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI ... RESPONDENT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.20 10 PASSED IN MVC NO.365/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.22521/2011
BETWEEN:
HUCCHAPPA NEELAPPA NADUVINAMANI
AGE: 53 YEARS, OCC:COOLIE
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR
DIST. HAVERI ... APPELLANT
(BY SRI.B.S.SANGAYI'I, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, NORTH WEST DIVISION
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GOKUL ROAD, HOSUR
HUBLI ... RESPONDENT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.355/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.22365/2011
BETWEEN:
THE MANAGING DIRECTOR
NWKRTC, NORTH-WEST DIVISION
GOKUL ROAD, HOSUR
HUBLI 580 030
--
REPRESENTED BY
CHIEF LAW OFFICER
NWKRTC, GOKUL ROAD
HUBLI 580 030.
-
... APPELLANT
(BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
KUMARI POOJA
D/O NINGAPPA NADUVINAMANI
AGE: 13 YEARS, OCC:STUDENT
MINOR, R/BY HER NATURAL
MOTHER SMT.SUDHA
W/O NINGAPPA NADUVINAMANI
AGE: 31 YEARS, OCC:HOUSEHOLD WORK
R/O ANASAPURA VILLAGE
TQ. RANEBENNUR 581 115
-
DIST, HAVERI .., RESPONDENT
(BY SRI.B.S.SANGATI, ADVOCATE)
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MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MV Act, 1988 AGAINST THE JUDGMENT AND AWARD
DATED 2.8.2010 PASSED IN MVC NO.367/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.) AND MEMBER, ADDL. MACT,
RANEBENNUR AWARDING THE COMPENSATION OF 10,000/- WITH
INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION
TILL ITS REALISATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
With the consent of learned counsel for both the parties, the appeals are heard for final disposal.
The judgment and award dated 2.8.20 10 passed by the MACT, Ranebennur in MVC No.350/2008 and connected matters has been challenged in these appeals by both the Corporation and claimants. Corporation has challenged on the negligence and quantum and the claimants have sought for enhancement of compensation.
2. Learned counsel for the Corporation submitted that the claim petitions are filed under Section 166 of MV Act claiming compensation in respect of the accident that occurred on 13.5.2008, in which the claimants have sustained injuries V
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and also resulted in death. The impugned judgment and award is challenged by the Corporation on the ground of negligence and also on technicalities. In the complaint and FIR marked at Exs.P1 and P2, it is stated that the claimants were travelling in a tempo bearing No.KA.27/8 163. At that time, KSRTC bus bearing No.KA.27/F.50 dashed against the tempo resulting in the accident. However, either the owner or the driver of the tempo is not made party to the claim. When it is a case of collision of two vehicles, both the offending vehicles should have been made parties. For non-joinder of necessary party, which is mandatory, the judgment and award of the Tribunal is required to be set aside. Secondly, it was specifically contended by the Corporation that driver of the tempo was not possessing valid driving licence to drive the tempo. Despite the same, the Tribunal has not framed specific issue in this regard and even the claimants are also not bothered to rebut the same. Hence the order of the Tribunal is liable to be set aside on the ground of non-joinder of necessary parties and also non possessing of licence by the tempo driver. Learned counsel for the Corporation referred to
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the evidence adduced by PW1 in C.C.No.76/2008, where he has deposed that his brother, the driver of the tempo was not in possession of driving licence. In addition to above grounds, the Corporation also challenged the award on quantum also.
3. Learned counsel for the claimants submitted to dismiss the appeals filed by the Corporation. Further made a prayer to enhance the compensation. He contended that though the Corporation has taken a ground of non-joinder of party, no effort has been made by the Corporation either to summon the driver of the tempo or at least to produce endorsement issued to that effect by the RTO. Mere taking a contention in the written statement itself is totally insufficient unless the same is substantiated by production of materials or by summoning the driver for disowning the liability. The driver of the tempo was not made a party for the reason that he was not a necessary party. In the criminal case registered by the police against the driver of the Corporation bus, a specific charge has been made only against the driver of the Corporation and not on the driver of the tempo. Accordingly,
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it was felt that they were not necessary parties. The evidence of PW1 to PW17 discloses that the accident occurred due to rash and negligent driving on the part of the driver of NWKRTC. When such material is available, the Tribunal has rightly allowed the claim petitions by awarding compensation.
4. Learned counsel for the claimants submitted to enhance the compensation in all the appeals since the Tribunal has awarded meager compensation and is not based on rationality.
5. I have heard learned counsel for both the parties.
6. The points that arise for my consideration are:
(i) Whether the claim petitions are bad in law for non-joinder of necessary parties?
(ii) Whether the Corporation has proved that the driver of the tempo was not in possession of licence?
(iii) Whether the judgment of the Tribunal is liable to be set aside?
7. My answer would be as follows:
- 23 * On the basis of the submission of learned counsel for the Corporation, the written statement filed by the Corporation has been examined and it is found that the ground with regard to non-possession of driving licence by the driver of the tempo is taken. But from the cause title, it is found that the driver of the tempo is not made party. It is undisputed that two vehicles met with an accident, which resulted in death and injury to the inmates. A case has been registered under the relevant provision of MV Act against the driver of the Corporation. On the basis of these facts, in the claim petitions filed by the claimants without making the driver of the tempo as party, is not fatal, Who has to be made party is an option to the person who approaches the Court. On the basis of material, he is at liberty to make a party or not, in the proceedings. Rightly, on the basis of Exs.P1 and P2 - FIR and complaint, Exs.P3 and P4 - further statement, a specific reference has been made on the driver of Corporation alleging there was rash and negligent driving which resulted in accident. When such materials are available, the claimants have rightly instituted claims against wrong doer. Under
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these circumstances, I do not find any lapse in these claims. The Corporation has taken a specific ground of non- possessing of licence by the driver of the tempo. But, it has forgotten its fundamental duty to prove the same. Under the relevant provisions of MV Act itself it is provided that the insurance or the Corporation, shall summon any person including the police officers to prove their respective cases. In case of refusal for appearance for adducing evidence by any party, the Tribunal can take action under the criminal proceedings for service of warrant or summon to the person for adducing evidence. In the instant case, no such efforts are made by the Corporation. It is case of the Corporation that the accident occurred due to negligence on the part of the tempo driver and in order to prove the negligence not even a single person has been examined and no material evidence has been produced. There is negligence on the part of thel Corporation their case. Probably, they must have thought that it is the Corporation to satisfy the award and that the officials including the Managing Director and Law Officers are not losing any paise from their pockets. If personal liability is
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fixed, then only these things would be rectified. This is one such case, where the instances have to be brought to the notice of the concerned Secretary of Government of Karnataka to take appropriate action on these officials.
8. In the absence of any material evidence, considering the evidence adduced by PW1 to PW18, exhibits marked at Exs,Pl to P54, the Tribunal has rightly fastened liability on the Corporation by awarding compensation to the claimants. Under these circumstances, it is observed that lapse is not found on the part of the claimants and if at all anything is there, it is only on the part of the officials of the Corporation who conducted the cases. In view of the said observations, the judgment and award passed by the Tribunal is just and proper and does not require any interference.
9. In all the appeals filed by the claimants, learned counsel has sought enhancement of compensation.
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10. In MFA No.22511/2011, on the basis of Ex.P50 - disability certificate PW. 18 -- the doctor has stated that the claimant has suffered 30% disability. Global compensation of 30,00O/- awarded by the Tribunal is on the lower side. The claimant is a minor aged 8 years. Considering, the age and injuries sustained by the claimant the compensation awarded by the Tribunal is globally enhanced to 45,000/-.
11. In MFA No.22519/2011 on the basis of the evidence of PW. 18 -- the doctor, Ex.P34 -- disability certificate, Ex.P33 - wound certificate and also on the basis of evidence of the injured as PW7, it is found that the injured suffered fracture of both nasal bones and disability is assessed at 20%. The compensation awarded by the Tribunal is on the lower side. Considering the income of the injured at Rs.3,000/- and assessing the disability at 8%, the claimant is awarded 51,840/- (3000 x 12 x 8% x 18) towards loss of income, which is over and above the compensation awarded by the * Tribunal, which shall carryI% interest. A
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In MFA No.22520/2011, the evidence of injured PW6,
12. --
PW18 -- doctor and Ex.P30 -- wound certificate disclose that has the injured sustained 15% disability and the Tribunal lower awarded global compensation of l5,00O/-, which is on unal side. Hence the global compensation awarded by the Trib is enhanced to '35,00O/- with interest at 6%.
13. In MFA No.22521/2011, as per the doctor evidence and 1/3'' medical report, the injured as suffered fracture of lateral On the basis of Ex.P24 wound of left clavicle bone. --
certificate, PW18 -- doctor has deposed that claimant has
suffered 30% disability. The Tribunal has awarded total
of 28,000/-. It is found that the
compensation
In
compensation is not awarded under pain and suffering. view of the facts and circumstances, global compensation of the 40,000/- is awarded as against 28,000/- awarded by Tribunal.
14. On perusal of the judgment of the Tribunal, I find that er the compensation awarded in other appeals is just and prop
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and does not require any interference. Accordingly, MFA Nos.22346/2011, 22347/2011, 22348/2011, 22350/2011, 22354/2011, 22356/2011, 22357/2011, 22359/2011, appeals filed by the Corporation are dismissed. MFA Nos.22519/2011, 22520/2011, 22511/2011 and 22521/2011 are allowed in part. Other appeals filed by the claimants are dismissed.
Amount in deposit to be transmitted to the Tribunal.
(L. NARAYA)A WAMY) JUDGE AHB A LNSJ:
20 .03.2012 ORDER IN MISCELLANEOUS FIRST APPEAL NO.22346 OF 2011 (MV) C/W MISCELLANEOUS FIRST APPEAL NOS.22512/201 1, 22513/2011, 22514/2011, 22515/2011, 22516/2011, 22517/2011, 22518/2011,22519/2011,22520/2011, 22522/2011, 22523/2011, 22524/2011, 22347/2011, 22348/2011, 22350/2011, 22354/2011, 22356/2011, 22357/2011, 22359/2011, 22511/2011, 22521/2011 & 22365/2011 Office is directed to substitute the word "March" in place "February" in the page No.1 of the judgment and substitute the word "6%" in place of "61%" at page No. 26 at last line.
Sd/ Sma/ JUDGE